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(영문) 서울고등법원 2016.04.22 2015나2009606

손해배상(건)

Text

1. Of the part between the plaintiffs in the judgment of the first instance and the defendant Land Trust Co., Ltd., the following payments are ordered:

Reasons

1. The following facts of the case are not disputed between the parties, or are recognized by comprehensively taking account of Gap's evidence 1 to 15, Eul's evidence 1 and 2 (including each number), the defective appraisal result of appraiser E, and the purport of the entire arguments as a whole.

A. The plaintiff council of occupants' representatives 1) The plaintiff council of occupants' representatives 4, Dong 286, Dong 286 (hereinafter "the plaintiff's apartment of this case") are the parties.

In order to manage it, the autonomous management body organized by the occupants (hereinafter referred to as the “Plaintiff A-council of occupants”) is the autonomous management body.

(2) The Plaintiff B’s council of occupants’ representatives is an autonomous management body that consists of the occupants in order to manage the 295 households of the 4-dong apartment unit D in Gangseo-si (hereinafter “instant apartment”).

(hereinafter referred to as the “Plaintiff’s Council of Representatives”). 3) The land trust company against the Defendant (hereinafter referred to as the “Defendant’s land trust”).

A) Each apartment building of this case is a business entity that constructed and sold each apartment building of this case, and is a co-defendant of the first instance trial and a company that constructs a lot (hereinafter referred to as “shot Construction”).

(4) The defendant Housing and Urban Guarantee Corporation guarantees the warranty liability of each apartment of this case.

B. 1) On December 17, 2009, a lot construction contract is concluded between the Defendant Housing and Urban Guarantee Corporation with respect to the instant apartment complex as follows (hereinafter the above warranty contract is referred to as the “first warranty contract of this case”).

(1) Around December 23, 2011, the Defendant’s Housing and Urban Guarantee Corporation issued a warranty bond, and deposited it in the Gangnam Market which is the authority for the inspection of the installation of the warranty bond. The warranty bond for the No. 1247,716,762 on December 24, 2012, 209 347,716,7763 on December 23, 201 (2 years) 347,716,763 on December 24, 2012 - December 23, 2012 (3 years), 521,575,164, 164 on December 24, 2012 - December 25, 2014;